Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. Id rather pay the $175 instead of several hundreds to a lawyer if I can avoid it . (5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine. WebA simple assault, assault and battery, or affray, charge in North Carolina is one that does not have any aggravating circumstances, such as an incident resulting in serious bodily injury or the use of a firearm. Many forms also come with instructions. I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement? You would be eligible now assuming you have no felony convictions. 1. As I told him when we left the court room that morning David, you have changed my life forever. Hi I was convicted of possession of stolen goods and then one year later I was convicted of felony breaking in entering this happen 35 years ago after I was 18 can I get two separate class H convictions expunged with this new law thanks. No other charges other than a dismissed trespassing on school property from 2007 for playing soccer after dark I have been on several assignments with temp agencies and my performance allows me the opportunity to become a part of the company, but my background check messes me up. It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continueda practice virtually unique to North Carolina, at least by that namevaries. A conviction for simple assault can result in a fine of up to $1,000 and up to 30 days of jail time or community punishment for a first offense. It was in Cherokee County, Murphy. WebExpunging a Drug Charge in NC. That being said, it is not a regular part of my practice so I am not the best person to give advice on that issue. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. You should also speak to the clerks at the courthouse about local procedure. You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. I also have a previous charge for the same thing but it was dismissed. Your options depend on how long ago this PJC was given or whether you can have the PJC converted to a dismissal. WebN.C.G.S. The police called him back to the scene and told him the law stated that someone had to be arrested. Can't remember , but what if I did plead guilty ? It's been so long ago and I have done many things to prove I am a different person now and have character references. Hello, I was arrested in 2010 for attempting to obtain c/s by fraud/forgery, a class I felony, I was 25 at the time. Established in 2009, The Chetson Firm strives to get justice for clients. Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. 15A-145- forms are about to be updated for the law change effective December 1. That being said, even if is a valid court order it will take another 4-6 months for it to be processed by Raleigh to remove the charge from your record. My charge was in 2005. I already know it will be dismissed . Would I be able to get the dismissals removed from my record? i have a hit&run conviction 22yrs ago. People may be charged with assault simply for threats or shows of force that make alleged victims feel as though they are at risk of physical harm. Were you originally charged with a felony and it was reduced to a misdemeanor? Dewey P. Brinkley is a former Wake County Assistant District Attorney. If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. Convicted in the same session of court. This field is for validation purposes and should be left unchanged. You might want to take a look at AOC-CR-264. My case will be dismissed on Monday after completing community service. Were the convictions from the same incident? Not sure what to do. This was in 2006in Cumberland County. I watched an NC murder trial, and the defendant who stabbed his wife 123 times got more respect from the judge than I received. John-. Also, 16 years ago I was convicted of a Class G felony for drugs. I asked for Deferred prosecution but I have no idea if I will still get a fine . and how can I manage to do it from my country where I'm from since I can't go to the US?, I want to have my record clear to apply for a visa. He plead guilty. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? Multiple unrelated felony convictions are usually not eligible, but you should consult with a local attorney about other options such as a MAR on one of the charges. I have a PWIS marijuana conviction in 2009 wake county and i have a few FTA afterward as well as a DWI 2018 in Lee County. They were both misdemeanors. Please advice. Were they all convictions? Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? You should reach out to a local attorney to see if you have any other options. These are all classified as Class 2 misdemeanors: This may be the threat of physical harm to another person or physical contact that does not necessarily result in injury. A PJC is a rather odd disposition to explain- it is between a guilty and dismissal. Dare County including Avon, Buxton, Duck, Frisco, Hatteras, Kill Devil Hills, Kitty Hawk, Manteo, Nags Head, Rodanthe, Southern Shores, and Wanchese; Hertford County including Ahoskie; Hyde County including Ocracoke; and Tyrrell County including Columbia. I have 2 charges. I believe you are going to need to hire a lawyer to file a MAR or Motion for Appropriate Relief to get the fish ticket reopened and dismissed before you are eligible to remove any charges from your record. If the worthless check resulted in a conviction that likely is a problem. Remember, ANY criminal conviction will typically have a negative impact on hiring status. I was convicted of 4 class H Felonies in the same secession of court in 2006 I had just turned 18 I have no prior convictions or any since should I be eligible under senate bill 445 for an expungement? Is it possible to get a expungement? Multiple convictions from different incidents is a problem. I could plead improper equipment and get no points on my insurance or license. The Law Office of John C. Fitzpatrick handles traffic violations, criminal defense, personal injury matters, power of attorney, and wills in the North Carolina counties of Durham, Harnett, Wake, Orange, Person, Alamance, and Johnston - including the cities of Durham, Chapel Hill, Pittsboro, and Lillington. If a person commits an assault, assault and battery, or an affray and uses a deadly weapon, he can be charged with assault with a deadly weapon as a misdemeanor offense. What county were these convictions from? Thank you very much for your help! Talk to an attorney in the county of the convictions to see if you have any options. I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. I don't see that as legal advice . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. What can I do? Therefore, it is in your best interest to contact a local defense lawyer that can provide you with a free consultation about your case. 1. What are my options to get this expunged? The petition must be filed in the county where the charge originated. That being said, the new law does not go into effect until December 1, 2017 and the new forms likely will say not to be used before that date or they may just release them right before that date. It would depend on exactly what traffic offenses. Can two separate Felonise they are over 35 years old and I have no convictions since then. Although there can be two distinct offenses, the phrase is appropriate to use when assault and battery are fused together. That being said, you could always list the extra charge and see if a Judge will sign off on it. I completed probation an estimated 2 years ago. Try contacting an attorney in Guildford county to see when you are eligible to file. Charges i paid court cost and that was it. Asking for a gal trying to get in nursing school 17 years later. Yes. That is why she had the protective order. Call Danny now to schedule your appointment. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. Mr. Witt, She has never been in any trouble before. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Cheryl Swink Wright, 45 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 100-BLK Elizabeth Ave, Lincolnton. I was just pointing out that issue for other readers. Since then have went to college and received BS in criminal justice and BA in sociology but with the domestic violence charged have been unable to work with corrections because legally can't get gun permit with domestic violence charge. Check with an attorney where the charge occurred on when you are eligible. A person can be charged with this crime in North Carolina if they point a gun (loaded or unloaded) at another person. Any dismissed case is eligible for expunction assuming you have no felony convictions. Yes this just happened on Feb. 25th. After i completed that, i was eligible for an expungement. Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? Will I be eligible under the new law? 1. All those convictions are a problem. You would need to determine exactly what Class felony of which you were convicted . If your charge does not involve violence then you may be eligible after a 5 year wait period when the new law becomes effective December 1, 2017. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. made the ticket go away. In one particularly great scene in the greatest series Deadwood of the prestige television era, Al Swearengen, the saloon, 2022 saw Raleighs worst year in homicides. Simply verbalizing or acting in a threatening manner will be deemed assault. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. I pled guilty in 2011 and received one year of probation. Coolidge delivered on all that he promised and more. When a record is expunged the charge will be removed from your official State criminal record. The evidence presented by the State must prove or showa distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. I have a simple assault charge on my record . If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. If you were just convicted of a misdemeanor and have no other convictions you should be eligible. I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies.tell me how they're more deserving of an expunction than me? Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. What can I do? Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. The exact procedure for getting the signatures of the District Attorney and Judge varies by county and I am not familiar with Catawba County. The conviction was from 1990 when I was 17 years old. In addition to misdemeanor assault charges, North Carolina recognizes many types of felony assault charges. What are you looking to remove from your record? Am i eligible for an expungement? Would this type of case be eligible for expungement? My felony conviction date will reach its 10 year mark on 4/20/19. I was charged and pled guilty to a charge of leaving my child in the car while in the store, which they charged me with child abuse. From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. I had deferred prosecution, and successfully completed my community service. If you have a prior conviction for this crime, the judge may sentence you to a maximum of 60 days in I have not had any charges before or after. Happened when he was 18 had deferred judgement that he didnt finish requirements so ended up with conviction. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. Dismissed charges are always eligible if you have never had a prior expunction. For felony intent to sell and deliver cocaine.. can it be expunged? SIMPLE ASSAULT (MISDEMEANOR) KAELIE CATHY KENNEDY, WHITE, FEMALE, AGE 27 (view image), arrested on charge of SIMPLE ASSAULT (MISDEMEANOR) At 100 BLK DAVIDSON DR ASHEVILLE, NC on 02/28/23 11:25:00 Case # reported on 02/28/23 11:25:00 What was the 1981 conviction? The 10 year wait period for felonies does not begin until the probation period is completed. Will I be able to ever get it expunged? That being said, you should check with an attorney in the county of the charges as that is where any paperwork would have to be filed. Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too. Am I reading the law incorrectly? At this point she needs to contact an attorney in the county of the conviction to discuss her options. 1997 was 17 years old . I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Iredell county- NC See: , 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. That's the only misdemeanor I recall. I do well in school and wanna succeed , any chance of that being expunged. Was put on 12 months probation. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: gave me the fees straight out on the letter including court costs. I thought it was a done deal, but during a background check they showed up as misd. Plead guilty to misdemeanor larceny in 2015, paid fines, completed everything I was supposed to. I wouldn't want to file the form that is currently available on their website as asks if you have previously expunged using NC-146 statute, as I have previously. WebTypes of Assault Charges Simple misdemeanor, least serious (minor injury or limits to the threat of violence) Approaching or blocking a person while carrying a weapon open or This stopping me from getting employment. In some cases, the person may be ordered to stay away from the victim or to take anger management classes. If so, you would have to have get some reopened and dismissed. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. This means that the defendant will need to work through the court system to resolve the case either by deferral program, plea agreement, or trial. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? Lawyer specializing in record expungement said my ex would have to go back on the charges she filed against me in order for anything to happen. While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. Or is there any other options where it could be dismissed? It does appear as though if you proceed under 15A-145.5 both the DA and victim can object- this could certainly cause a problem if families are in court crying that their loved one is dead and cant object. I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. It took place in Lee county, NC. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. I was told i didnt have to show up for that. Misdemeanors are punishable by a fine and/or up to 120 days in jail. I caused no accident, I never had any arrest prior or since. She is an indigent and now does not qualify for housing assistance. I was charged with breaking or entering, assault with serious bodily injury in 2011. . I was 16 at time of offenses and 17 at time of conviction. What website do I go to that will have the correct expunction petition/forms?? Violent felony convictions are typically never eligible for expungement. Contact an attorney where the charge occurred to confirm all your options. I was 17 at the time turning 18 although I was found guilty, to this date I claim my innocent to these crimes.Can my record be expunged. If you are looking to learn about felony assault charges in North Carolina, check out our blog on felony assault in North Carolina here. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. WebIf you've been charged with an assault, contact the experienced assault charge lawyer at Remington & Dixon in Charlotte, NC. I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. I would recommend David and this Law Firm to EVERYONE who is reading this review. Department of corrections told be I would be hired if I can get domestic violence charge taken care of they are not worried about the other charges. Is there anyway I can get my record expunged? Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. I would appreciate any information. This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. I have two different charges misdemeanor larceny and employment benefit fraud. Use of this website or submission of an online form does not create an attorney-client relationship. No one has ever mentioned these charges and I have gone through several other background checks and I never knew or heard anything about them. If you were age 18 or above, the answer is no, not yet, unless 15 years have passed since the conviction and you have not If you were over 18 and it was not a drug related offense then you are stuck with the 10 year wait period for a felony per statute. I want to know will this stay on my record ? All charges (even dismissed charges) remain on your criminal record until expunged. I found it myself online. DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. It will be up to the prosecution to determine if a plea deal will be offered. 2016 I got a misdemeanor Larceny that got dismissed. Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. Does a second degree kidnapping conviction qualify for expungement? All of the legal charges/troubles I managed to acrew was within a three year period. why do they make it difficult. is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose? Would I be elegible for expungement of this dismissed charge? Convictions in NC involving violence that occur after age 18 generally are not eligible That being said you can always contact a local attorney to see if there is any way to reopen the case and get a dismissal. Only lower level Class H and Class I felony convictions are currently eligible under NC law. The NC criminal laws (defense lawyers may refer to that as the General Statutes) do not provide a statutory definition of what is assault in North Carolina.